사해행위취소
1. The plaintiff's claim of this case against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. D works as an employee of the Plaintiff, and the Defendants are married to the Plaintiff.
B. On January 21, 2018, D entered into a sales contract with the Defendants for the purchase price of KRW 170 million with respect to the attached real estate (hereinafter “the instant apartment”) as indicated in the attached Table (hereinafter “the instant apartment”), and agreed that the down payment of KRW 20 million shall be paid and received at the time of the contract, and the remainder of KRW 150 million shall be paid in March 29, 2018. The delivery date of the instant apartment shall be determined as March 29, 2018. The delivery date of the instant apartment shall be determined as March 29, 2018. The right to collateral security of KRW 92,40,000 against E bank of the instant apartment shall be repaid and cancelled on the remainder date, and the buyer shall deposit the remainder amount with F, who is the maximum debt amount of KRW 60,000,000 with the seller, and the remainder amount shall be deposited with the seller.
(hereinafter “instant sales”). The instant sales contract was concluded by the seller G and the buyer as H’s intermediary.
C. The Defendants paid D the down payment of KRW 20 million on January 24, 2018 according to the instant sales contract, and completed the registration of ownership transfer regarding the instant apartment on the same day.
Defendant B determined and sold the purchase-price 125 million won, down payment of KRW 125 million, and the remainder of KRW 113 million (13 million out of it) as KRW 13 million (payment of KRW 13 million on February 27, 2018), which was owned and resided by Defendant B on January 31, 2018, as the purchase-price 125 million, and received KRW 12 million down payment around that time.
E. On February 27, 2018, Defendant B received KRW 13 million as the remainder of the sales contract for the instant I apartment, and the buyer completed the registration of transfer of the instant I apartment.
F. On February 27, 2018, the Defendants paid F, the mortgagee of the instant apartment, KRW 60 million to F, who was the mortgagee of the instant apartment, and the said F’s establishment registration was cancelled upon the termination of the said registration.
Defendant B shall pay 80,480,199 won to D for loans of the E Bank.